Commercial agreements come in a variety of types, but most have certain common provisions that should be carefully reviewed in the context of the underlying transaction covered by the agreement. When entering or reviewing one of these agreements, it is important to address the five key provisions that sometimes go unnoticed or are not given proper attention in the review process: (1) Confidentiality Provisions; (2) Indemnity Provisions; (3) Consequential and Special Damages; (4) Product Warranties; and (5) Audit Rights.
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A significant step in the acquisition process is determining the structure of the deal. The two most common deal structures are: (1) the purchase of the ownership interests of the target (such as a stock deal), and (2) the purchase of substantially all of the target’s assets (or an asset deal). In an asset deal, the implication is that the target’s liabilities that are not expressly assumed by the acquirer remain liabilities of the target, and the acquirer will not have exposure to them. As a general rule, this is correct.
As an employer, you may receive a notice from a health insurance Exchange that an employee has applied for coverage and is eligible for a premium assistance tax credit. These Exchange notices—and its relationship to the assessment of employer shared responsibility tax penalties under the Affordable Care Act (“ACA”)—have generated both confusion and concern among employers.
While the revolution of the “information age” creates tremendous advantages and helps accelerate innovation, it brings with it new risks—namely cyber attacks. While corporate attacks get most of the media attention, do not forget that individuals—especially the high net worth—need to be vigilant about cyber security. The good news is that you can protect yourself against cyber risks.
For decades, families seeking advice on how to invest their hard-earned capital were forced to endure “beauty contests” where potential advisors attempted to demonstrate their supposedly-unique skills and/or access to information. More often than not, it seemed families would choose an advisor only to inevitably experience disappointment when their actual results didn’t uphold the promises made by the advisor.
News reports show large-scale data breaches are on the rise and affecting large retailers and even consumer credit organizations. There are numerous categories of cyber crime, but the ones that affect the most victims include identity theft, credit card fraud, and social networking scams. However, there are actions you can take to better protect yourself, your family, and your lifestyle from cyber crime and its long-lasting effects.
The proverb “Shirtsleeves to shirtsleeves in three generations” is pervasive across many cultures. Why is this the case and how can your family be exceptional in your quest to sustain your wealth? Observations from decades of working with families on this challenge provide seven insights on how families fail to sustain their wealth from generation to generation, and how you can learn from them.
In a perfect world, parents would have a well-thought-out plan for wealth transfer, explain their intentions, and help their heirs learn their roles and responsibilities. But life doesn’t always unfold in an orderly way to provide such a roadmap. Sometimes, inheritors may need to step in to play a more active role so they can empower themselves with the knowledge and tools necessary to make the best decisions for themselves and their family’s legacy.
As family offices grow increasingly complex and manage larger and more varied assets, they are becoming prime targets for a variety of security threats. From this report, learn what family offices can do to protect against the risks, including cybersecurity breaches, theft schemes, and fraud perpetuated by unvetted 'insiders' of the firm.
Educating children about money, wealth, and financial planning is a critical step in helping them build their futures. As a wealth creator and thoughtful investor, you want to be sure your children understand how to manage finances and make good, informed decisions when it comes to spending, saving, and investing. But talking to children about money and wealth can be tricky. A workbook with resource links and checklists is provided to help make the process easier for families.